Delray Beach Wrongful Death Lawyer
Losing a loved one can be incredibly difficult, but when that loss is unexpected because of a tragic accident or intentional act it can be even more devastating for the family of the victim. In this situation, a wrongful death claim can hold those responsible accountable for their actions and help cover the financial burden that often comes with this type of unexpected loss. At Lyons & Snyder, our Delray Beach wrongful death lawyers are here to help. Call or contact us today to learn more.
Defining Wrongful Death
Under Florida law, wrongful death is defined as a wrongful act, negligence, default, or breach of contract or warranty by a person or entity that results in another person’s death. A wrongful death can be caused by situations like a negligent car accident, medical malpractice, defective product, or an intentional violent act. Another way to look at a wrongful death claim is that had the victim survived, they would have been able to file a personal injury claim against those responsible; however, because the accident resulted in their death the family of the victim files a claim on their behalf.
Who Can File a Claim, and When?
Only certain people under Florida law are allowed to file a wrongful death claim after a fatal accident. The personal representative, or executor, of the victim’s estate is the only one allowed to file this type of lawsuit, but the personal representative is also often a loved one of the victim. When filing this type of claim, all beneficiaries are listed, including the victim’s spouse, children, and other dependents, who can then benefit from the compensation received in the case.
There is only a small window of time, known as the statute of limitations, in which to file a wrongful death claim after a fatal accident. In Florida, the statute of limitations is two years from the date of death of the victim. If a claim is filed after this time, the court can throw out the case and bar any compensation. The exception to this rule is if the death was caused intentionally by murder or manslaughter, in which the personal representative can file the claim at any time.
Compensation for Wrongful Death
Compensation for wrongful death in Florida includes damages for the victim’s estate as well as for their loved ones. Damages for the victim’s estate often include any final medical expenses, funeral and burial costs, lost wages, and the loss of future income and benefits the victim could have reasonably collected during their lifetime. Damages for the family of the deceased include compensation for the loss of support and services of the victim, loss of their companionship, emotional distress, and for any medical or funeral costs covered out of pocket by loved ones.
Call or Contact Lyons & Snyder Today
If you have lost a loved one to an accident in Delray Beach, the experienced wrongful death attorneys at Lyons & Snyder are here to help with the compassion and legal proficiency you need for your case. To learn more, call the office or contact us today in Delray Beach to schedule a free consultation.